National Labor Relations Board member William Emanuel was cleared this week by the NLRB Ethics Office to participate in NLRB discussions and deliberations surrounding the agency’s definition of joint employer. You will recall that Emanuel participated in the Board decision last year to reverse the expanded definition of joint employer in the Browning Ferris decision and after that decision was publicized, the agency’s Inspector General ruled that his previous work for a management side law firm involved with the case should have been sufficient for him to recuse himself from further involvement in the case. Subsequently, (without Emanuel participating) the Board vacated its decision in the Hy-Brand case and reestablished the expanded joint employer decision established in the Obama-era Browning-Ferris decision. Now, with the NLRB Ethics Office clearing his participation, Emanuel will participate in the development and issuance of new rules governing the joint employer issue. Primary in the immediate future is a court case involving McDonald’s as a joint employer. Expect some fireworks from the new democratic US House when that decision is rendered!